Second statement by bishops on HHS mandate calls for its total rescission

In a new statement tonight on President Obama’s noontime announcement of a new plan for mandatory contraceptive coverage in health insurance plans, the U.S. Conference of Catholic Bishops said the “only complete solution” to the religious liberty implications of the insurance mandate “is for HHS to rescind the mandate of these objectionable services.”

Titled “Bishops Renew Call To Legislative Action On Religious Liberty,” the 700-word statement expanded on an earlier statement the same day saying the Obama announcement might be “a first step in the right direction” but that the conference still had concerns and reserved “judgment on the details until we have them.”

Tonight’s statement is a much more detailed analysis of the new plan. It notes that what it calls “the lack of clear protection” for religious employers and insurers “is unacceptable and must be corrected.” It also pledged to continue “efforts to correct this problem through the other two branches of government.”

Here is the full text of tonight’s statement:

The Catholic bishops have long supported access to life-affirming healthcare for all, and the conscience rights of everyone involved in the complex process of providing that healthcare. That is why we raised two serious objections to the “preventive services” regulation issued by the U.S. Department of Health and Human Services (HHS) in August 2011.

First, we objected to the rule forcing private health plans — nationwide, by the stroke of a bureaucrat’s pen—to cover sterilization and contraception, including drugs that may cause abortion. All the other mandated “preventive services” prevent disease, and pregnancy is not a disease. Moreover, forcing plans to cover abortifacients violates existing federal conscience laws. Therefore, we called for the rescission of the mandate altogether.

Second, we explained that the mandate would impose a burden of unprecedented reach and severity on the consciences of those who consider such “services” immoral: insurers forced to write policies including this coverage; employers and schools forced to sponsor and subsidize the coverage; and individual employees and students forced to pay premiums for the coverage. We therefore urged HHS, if it insisted on keeping the mandate, to provide a conscience exemption for all of these stakeholders—not just the extremely small subset of “religious employers” that HHS proposed to exempt initially.

Today, the President has done two things.

First, he has decided to retain HHS’s nationwide mandate of insurance coverage of sterilization and contraception, including some abortifacients. This is both unsupported in the law and remains a grave moral concern. We cannot fail to reiterate this, even as so many would focus exclusively on the question of religious liberty.

Second, the President has announced some changes in how that mandate will be administered, which is still unclear in its details. As far as we can tell at this point, the change appears to have the following basic contours:

  • It would still mandate that all insurers must include coverage for the objectionable services in all the policies they would write. At this point, it would appear that self-insuring religious employers, and religious insurance companies, are not exempt from this mandate.
  • It would allow non-profit, religious employers to declare that they do not offer such coverage. But the employee and insurer may separately agree to add that coverage. The employee would not have to pay any additional amount to obtain this coverage, and the coverage would be provided as a part of the employer’s policy, not as a separate rider.
  • Finally, we are told that the one-year extension on the effective date (from August 1, 2012 to August 1, 2013) is available to any non-profit religious employer who desires it, without any government application or approval process.

These changes require careful moral analysis, and moreover, appear subject to some measure of change. But we note at the outset that the lack of clear protectionfor key stakeholders—for self-insured religious employers; for religious and secular for-profit employers; for secular non-profit employers; for religious insurers; and for individuals—is unacceptable and must be corrected. And in the case where the employee and insurer agree to add the objectionable coverage, that coverage is still provided as a part of the objecting employer’s plan, financed in the same way as the rest of the coverage offered by the objecting employer. This, too, raises serious moral concerns.

We just received information about this proposal for the first time this morning; we were not consulted in advance. Some information we have is in writing and some is oral. We will, of course, continue to press for the greatest conscience protection we can secure from the Executive Branch. But stepping away from the particulars, we note that today’s proposal continues to involve needless government intrusion in the internal governance of religious institutions, and to threaten government coercion of religious people and groups to violate their most deeply held convictions. In a nation dedicated to religious liberty as its first and founding principle, we should not be limited to negotiating within these parameters. The only complete solution to this religious liberty problem is for HHS to rescind the mandate of these objectionable services.

We will therefore continue—with no less vigor, no less sense of urgency—our efforts to correct this problem through the other two branches of government. For example, we renew our call on Congress to pass, and the Administration to sign, the Respect for Rights of Conscience Act. And we renew our call to the Catholic faithful, and to all our fellow Americans, to join together in this effort to protect religious liberty and freedom of conscience for all.

2 Responses

  1. Pope Paul VI issued Humanae Vitae in 1968, the same year I entered nurses training. In doing so he rejected the advice of a panel of advisors and instead went with what he knew was immutable truth, the natural law. That the bad advice he was given along with the rejection of that natural law by society has penetrated deeply. It has now become a focus of dissidence and disloyalty.We do not have to look very far to see the results of this. Sexually transmitted diseases are at an all time high. The human papilloma virus which causes cervical cancer, a disease first recognized as appearing in the wives of sailors visiting brothels in the 18th century, is now so prevalent that it has been proposed that every young person in our country should be vaccinated against it. The procreative act has been separated from the bond of love and commitment which existed even in the early 60’s. At that time few men thought about laying with a woman without the thought of a child being produced and the prospect of marriage to that woman. Likewise a woman would not lay with a man without first contemplating if he would be able to support her and the child. The rate of out of wedlock births was 5 %. Now, less than 50 years from the issuance of Humanae Vitae, we have an out of wedlock birth rare of 40 %, the nexus of child poverty which is so great that it defies remedy. In the African American community that out of wedlock birth rate exceeds 60 percent, approximately the same rate abortion of all children conceived in that community. We live in a world where people professing to be Catholics use contraceptives and have abortions at the same rate as other people in society. The birthrate of Catholics in Europe and I suspect in the United States as well, has fallen below the replacement rate and the great Churches of Europe, full in my mother’s day, are now nearly empty.

  2. Thank you, Cardinal-designate Dolan and all the other American bishops who have stood firm in asserting religious liberty in the US! May God grant them the continued courage and wisdom to remain faithful to their high calling to express the principles of the moral order and of the natural law which transcends all religious traditions and actually unites all men and women of good will. Well done, good and faithful servants!

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